Frank Mares v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2021)

Frank Mares filed a petition for compensation under the National Vaccine Injury Compensation Program on September 27, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccine he received on December 16, 2020. Mr.

Mares did not detail his symptoms or medical treatment in the petition and did not submit supporting medical records beyond a declaration. The court ordered him to file all required documents, including medical records.

On August 27, 2021, Mr. Mares filed some post-vaccination medical records but also filed a motion to dismiss his own petition.

He stated that after further investigation, he would be unable to prove entitlement to compensation. To receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury.

For a Table Injury like SIRVA, petitioners must establish severity requirements with supporting documentation, such as suffering effects for at least six months or requiring inpatient hospitalization and surgical intervention. Mr.

Mares failed to provide sufficient medical records to establish the severity requirement and admitted he could not prove entitlement. Therefore, the case was dismissed for insufficient proof.